CRIZA MIGRAȚIEI ÎN VIZIUNEA JURISPRUDENȚEI RECENTE A CURȚII DE JUSTIȚIE A UNIUNII EUROPENE
EU MIGRATION CRISIS IN THE VIEW OF THE RECENT CASE LAW OF THE COURT OF JUSTICE OF EUROPEAN UNION

Summary/Abstract: In the context of terrorist attacks against Member States and of the migration crisis in full development, the need for the European Union to equip itself with a strong internal security policy is more pressing than ever. Ensuring internal security is primarily the responsibility of Member States, but in front of a cross-border danger, the desired result can be achieved only through cooperation and solidarity. The current socio-political context brings to the forefront of the Union two crises whose magnitude is unprecedented in the history of European construction. Although both the objectives of the Treaties, and the manner of achieving them have given rise to an international organization based on the compromise of the transfer of sovereignty, the current crises situations of the Member States that require the establishment of a common strategy both internally and at European level, challenge the very foundations of the Union. The problem of migration wave creates a situation of uncertainty for EU internal security, thus the main remedy currently being negotiated by Member States within the Union is to secure its external borders. However, until a compromise solution under the current negotiation processes is found, Member States have been forced to implement their own measures to secure their borders, which can sometimes raise an issue of compatibility with EU law rules. Although covered by the shared competence of the Union, the Area Freedom, Security and Justice has been mostly Europeanized through a series of EU legislative measures aiming at establishing a minimum of uniform rules. The migration crisis at the EU's external borders, the behavior of applicants for international protection, as well as the reaction of sovereignty of Member States have created a propitious environment for an abundant litigation before the EU courts. Bearing in mind the effects of ECJ’s preliminary ruling judgments, the interpretation offered to EU directive and regulations concerning the Area Freedom, Security and Justice is extremely important for the establishing of the limits of asylum policy within EU, which may have direct effects on the internal security of the Union.

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